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RATIGAN v. NEW YORK CENTRAL RAILROAD CO.

No. 300, Docket 26217.

291 F.2d 548 (1961)

Francis T. RATIGAN, Appellee, v. NEW YORK CENTRAL RAILROAD CO., Appellant, v. INTERSTATE COMMODITIES, INC., Appellee, and The Troy Union Railroad Company, Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided June 5, 1961.

Attorney(s) appearing for the Case

J. Murray Dunn, Syracuse, N. Y. (McElroy, Young, Martin & Dunn, Syracuse, N. Y., on the brief), for appellee Francis T. Ratigan.

Earl G. Gallup, Jr., Albany, N. Y. (Whalen, McNamee, Creble & Nichols, Albany, N. Y., on the brief), for appellant.

M. James Conboy, Albany, N. Y. (Edward L. Bookstein, James S. Carter, John W. Cebula, James M. Conboy and Carter & Conboy, Albany, N. Y., on the brief), for appellee Interstate Commodities, Inc.

Jerome H. Shapiro, New York City (Gerald E. Dwyer, New York City, on the brief), for appellee-appellant The Troy Union Railroad Company.

Before CLARK, MEDINA and FRIENDLY, Circuit Judges.

MEDINA, Circuit Judge.

On October 23, 1957 at about 3 A.M., Francis T. Ratigan, a brakeman employed by New York Central Railroad Company, was struck by an overhanging canopy on premises owned by Interstate Commodities, Inc. as he was about to descend from the top of a freight car to operate the brake and bring the car to a standstill. In his action against New York Central a verdict of $70,000.00 was rendered in his favor and the New York Central appeals. In its answer...

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